Constitution's 'insurrection' clause bars Trump from running again for president, new lawsuit contends

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Constitution's 'insurrection' clause bars Trump from running again for president, new lawsuit contends
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The lawsuit, citing the 14th Amendment, is likely the initial step in a legal challenge that seems destined for the U.S. Supreme Court.

DENVER — A liberal group on Wednesday filed a lawsuit to bar former President Donald Trump from the primary ballot in Colorado, arguing he is ineligible to run for the White House again under a rarely used clause in the U.S. Constitution aimed at candidates who have supported an “insurrection.”

Liberal groups have demanded that states’ top election officials bar Trump under the clause that prohibits those who “engaged in an insurrection or rebellion” against the Constitution from holding higher office. None has taken that step, looking for guidance from the courts on how to interpret a clause that has only been used a handful of times since the 1860s.

The lawsuit contends the case is clear, given the attempt by then-President Trump to overturn his 2020 election loss to Democrat Joe Biden and his support for the assault of the U.S. Capitol on Jan. 6, 2021. The Republican has said he did nothing wrong in his actions. CREW and law professors of both parties contend the amendment is clear and is a qualification for president, just as the Constitution’s mandate that a candidate for the White House must be at least 35 years old and a natural born citizen.

In its complaint, CREW asked the court to expedite the matter so it can be resolved before the state’s primary ballot is set on Jan. 5, 2024. “We understand that there’s great interest in states across this country about this question, and it needs to be resolved expeditiously so there’s clarity,” said Donald Sherman, CREW’s chief counsel, told reporters in a teleconference.

Another liberal group, Free Speech For People, unsuccessfully tried to use the provision to prevent Republican Reps. Marjorie Taylor Greene of Georgia and Madison Cawthorn of North Carolina from running for reelection last year.

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